18-S-01 - Rezone approximately 27 acres of land from Pre-Development District to Apartment/Multi-family residential district[W311 Vr_1.r "Olext -IMMIX
AN ORDINANCE
APPROXIMATELY AMENDING THE OFFICIAL ZONING MAP BY REZONING
ACRES OF FROM PRE-DEVELOPMENT DISTRICT
APARTMENT/MULTI-FAMILY RESIDENTIAL DISTRICT (R-4).
WHEREAS, an application to rezone approximately 27 acres of land generally located
approximately 1,500 feet north of the intersection of FM 1518 and I1-1-10, and more specifically
described in the Exhibit A and Exhibit B attached herein (herein, the "Property") has been filed
with the City; and
WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria
to be considered by the Planning and Zoning Commission in making recommendations to City
Council and by City Council in considering final action on a requested zone change (the
"Criteria "); and
WHEREAS, on December 13, 2017, the Planning and Zoning Commission conducted a public
hearing and, after considering the Criteria, made a recommendation to City Council to approve the
requested rezoning; and
WHEREAS, on January 9, 2018 the City Council conducted a public hearing and after considering
the Criteria and recommendation by the Planning and Zoning Commission, determined that the
requested zoning be approved as provided for herein.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. The Property as shown and more particularly described in the attached Exhibit
A and Exhibit B, is hereby zoned Apartment /Multi - Family Residential District (R -4).
Section 2. The Official Zoning Map of the City of Schertz, described and referred to in
Article 2 of the Unified Development Code, shall be revised to reflect the above amendment.
Section 3. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of
the judgment and findings of the Council.
Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 5. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 6. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City hereby
declares that this Ordinance would have been enacted without such invalid provision.
Section 7. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject matter
of the public business to be considered at such meeting, including this Ordinance, was given, all
as required by Chapter 551, as amended, Texas Government Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Section 9. This Ordinance shall be cumulative of all other ordinances of the City of
Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City
of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby
repealed.
Approved on first reading the 9u' day of January, 2018.
PASSED, APPROVED AND ADOPTED on final rea�e 23rd day of January, 2018.
R. Carpenter, Mayor
ATTEST:
(2"2 a4AQ -
Bre a Dennis, City ecretary
(SEAL OF THE CITY)
Exhibit A
"The Property"
STATE OF TEXAS
COUNTY OF BEXAR
Field note description of a 26.39 acre tract of land situated in the Eligio Gortari Survey No, 2, Abstract No. 5, County Block 5193 in
Bexar County, . Texas. Said 26.39 acre tract of land being a portion of a called 51.390 acre tract of land as described in a deed to Dirt
Dealers XV, LTD:, recorded in Volume 13010, Page 304 of the Real Property Records of Bexar County, Texas, Said 26.39 acre tract of
land being more particularly described by metes and bounds as follows:
BEGINNING at a one half inch iron pin found on the northeast right -of -way line of F.M. Highway 1518 for the west corner of this
tract and being the west corner of a called 51.390 acre tract of land as described is a deed to Dirt Dealers XV, LTD., recorded in
Volume 1301.0, Page 304 of the Real Property Records of Bexar County, Texas. Said point also being a corner for the remaining
portion of a called 55.289 acre tract of land (Tract B) as described in a deed to Jamil A. Sayfi, recorded in Volume 13010, Page 289 of
the Official Public Records of Bexar County, Texas.
THENCE with the southwest line of the remainder of the aforesaid 55.289 acre tract of land, North 59" 29' 48" East, a distance of
482.17 feet to a one half inch iron pin found for an interior corner of this tract.
THENCE with the western line of the aforesaid 51.39 acre tract of land, North 30° 29' 14" West, a distance of 16.23 fleet to a one half
inch iron pin set for a corner of this tract.
THENCE cutting across the aforesaid 51.39 acre tract of land, North 59' 41' 07" East, a distance of 2108.21 feet to a one half inch
iron rod set for the north corner of this tract. Said point being on the southwest line of a called 101.396 acre tract of land as
described in a deed to Reagan Rave and wife Jeanne Rawe, recorded in Volume 14612, Page 1869 of the Official Public Records of
Bexar County, Texas.
THENCE with the southwest line of the aforesaid 101.396 acre tract and the northeast line of the aforesaid 51.390 acre tract of land,
South 29° 10' 01" East, a distance of 442.41 feet to a one inch pipe found for the east corner of this tract. Said point being on the
northwest line of a called 32.542 acre tract of land as described in a deed to Julian Cano and Rural Places in Texas,. LLC, recorded in
Volume 14277, Page 1003 of the Official Public Records of Bexar County, Texas.
THENCE with the southeast line of this tract, same being the southeast line of the aforesaid 51.39 acre tract of land, South 59" 26'
33" West, a distance of 2580.56 feet to a one half inch iron rod set in the northeast right -of -way line of F.M. Highway 1518 for the
south corner of this tract.
THENCE along the northeast right -of -way line of F.M. Highway 1518, North 30' 26' 11" West, a distance of 435.33 feet to the POINT
OF BEGINNING.
These field notes were prepared from an on the ground survey made by Atwell, employees under my direction and supervision on
May 21, 2016. Survey plat prepared this same date.
f PR ..,
/Jry D Wilkie, Jr
Registered Professional
Land Surveyor No. 4724
Firm Number 10194153 (Atwell)
Exhibit B
"The Property"
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